Allocation Method Order (Beef and Veal) (SOR/96-186)

Short Title

1 This Order may be cited as the Allocation Method Order (Beef and Veal).

Interpretation

2 The definitions in this section apply in this Order.

Act

Act means the Export and Import Permits Act. (Loi)

applicant

applicant means a resident of Canada who applies for an import allocation. (requérant)

beef and veal

beef and veal means goods set out in the schedule. (boeuf et veau)

distributor

distributor means a distributor that is not a commission broker and that

• (a) buys beef and veal and re-sells them to other businesses; and

• (b) maintains or rents a warehouse and trucks, or purchases warehousing or transportation services in carrying on its trade. (distributeur)

FTA country

FTA country means a country from which imports of beef and veal are not subject to the tariff rate quota in accordance with a free trade agreement (FTA) with Canada. (pays ALÉ)

process

process means to substantially change the appearance or nature of beef and veal, including to de-bone, slice, comminute, thermally process, preserve, dehydrate, ferment, render, fractionate, defibrinate or add to the product, but does not include to dress, trim, refrigerate, freeze, package or defrost. (transformer)

processor

processor means a person who has processed beef and veal at their own facilities during the 12-month period ending on September 30 in the calendar year before the calendar year for which the person applies for an import allocation. (transformateur)

retailer-processor

retailer-processor means a retailer who has processed beef and veal at their own facilities during the 12-month period ending on September 30 in the calendar year before the calendar year for which the retailer applies for an import allocation. (détaillant-transformateur)

under-utilization

under-utilization, in relation to an import allocation, means utilization of less than 90% of the quantity allocated to an applicant. (sous-utilisation)

Method of Allocation

• 3 (1) Subject to subsections (3) and (4), the method for allocating the import access quantity for beef and veal that may be imported into Canada in each calendar year is as follows:

  • (a) applicants who are processors and retailer-processors shall receive a share of 75% of the import access quantity, in proportion to the quantity of beef and veal that did not originate in a FTA country and that was processed at their own facilities during the 12-month period ending on September 30 in the calendar year before the calendar year for which the import allocation applies; and

  • (b) applicants who are distributors shall receive a share of 25% of the import access quantity, in proportion to their imports of beef and veal that did not originate in a FTA country during the 12-month period ending on September 30 in the calendar year before the calendar year for which the import allocation applies.

• (2) Despite subsection (1) and subject to subsections (3) and (4), the method for allocating the import access quantity for beef and veal that may be imported into Canada in the 2015 calendar year is as follows:

  • (a) applicants who are processors and retailer-processors shall receive a share of 75% of the import access quantity, in proportion to the quantity of beef and veal that did not originate in a FTA country and that was processed at their own facilities during either of the following base periods that an applicant identifies in an application for allocation:

    • (i) the 16-month period ending on April 30, 2003 (prorated to a 12-month period), or

    • (ii) the 12-month period beginning on August 1, 2013 and ending on July 31, 2014; and

  • (b) applicants who are distributors shall receive a share of 25% of the import access quantity, in proportion to their imports of beef and veal that did not originate in a FTA country during the base period referred to in paragraph (a).

• (3) In any given calendar year, if an applicant that has been granted an allocation of 100 000 kg or more in accordance with subsection (1) or (2) has used 20% or less of their allocation by July 1, their remaining allocation will be reduced by 50% for that calendar year.

• (4) If an applicant under-utilizes their import allocation in any given calendar year, the import allocation for which they may be eligible for the following calendar year is the import allocation in accordance with subsection (1) or (2) reduced by the percentage of their import allocation not utilized in that given calendar year.

• (5) Subsection (4) does not apply if the total amount of the applicant’s import allocation not utilized is less than 9 000 kg of beef and veal.

• (6) If, on or before October 1 in a given calendar year an applicant that has been granted an allocation in accordance with subsection (1) or (2) informs the Minister, in writing, that they are returning a specified portion of their allocation, that portion will be considered as having been used for the purposes of subsection (4).

4 [Repealed, SOR/2002-94, s. 2]